NetList Inc (NLST)

[manfromjax]

Well, my layman interpretation is that you have two decision makers in the same boat but each paddling in different direction, So until they paddle together in same direction, they not going anywhere.


CONCLUSION
As long as both the courts and the PTO are allowed to decide the validity
of the same patent, inconsistent decisions will occur and the problem of
Schrodinger patents—patents that appear to be both valid and invalid—will ¨
persist. Both the Federal Circuit and Congress have, to date, mostly ignored
this reality. The Federal Circuit has adopted a bright-line, absolute finality
rule that disregards the difficult practical and policy questions that conflicting
decisions implicate. Congress, for its part, has consistently expanded
post-issuance review at the PTO by emphasizing the speed and efficiency of
administrative adjudication405 while ignoring the complications of having
two different forums review the validity of a single patent.
Because Congress has the ultimate authority to create and abolish these
parallel regimes, the courts can only adapt. Under current law, the most
effective way for courts to avoid conflict with the PTO is to stay litigation,
although that is not the optimal solution in every case. As Congress considers
further changes to the law of patent enforcement,406 the issue of how to
better coordinate patent validity disputes should be a central concern.